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MW 28 December 2016

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maltatoday, WEDNESDAY, 28 DECEMBER 2016 News 7 JAMES DEBONO 20 years after being first proposed in 1996, the proposed Ta'Cenc de- velopment consisting of villas and a hotel extension in an ecologically sensitive area seems to be heading towards a refusal. This is because an official report by the Environment and Resources Authority is calling for the refusal of the latest downscaled version of the project. The downscaled Ta'Cenc devel- opment proposed last year is still unacceptable, according to the En- vironment and Resources Author- ity, which has pointed out that the project is in breach of the Habi- tats and Birds Directives due to its impact on bird species in the area. Previous version of the de- velopment had been shot down by ERA's predecessor; the Environ- ment Protection Directorate and by the Planning Directorate. ERA expressed its concern that the development may impact on the Short toed lark population, a species that is already in decline due to changes in its habitat. The latest plans include 15 new villas (down from 36 villas pro- posed in 2009 and from the origi- nal 57 proposed in 1996) overlook- ing the picturesque and protected Mgarr ix-Xini, and a hotel exten- sion in the vicinity of the existing hotel consisting of 118 new guest rooms. These plans were rejected in a local referendum organised by the Sannat local council, after the council failed to take a stance. According to ERA the three main developments namely the extension of the hotel, the devel- opment of an interpretation cen- tre to the east of the hotel and the development of 15 villas on the east of the plateau, will "cumulatively result in a significant impact on the several aspects of the ecological mo- saic in the Ta'Cenc area. Of particular concern is the pos- sible habitat degradation around the fringes of the development, noise and light emissions and the uptake of undeveloped land. The local plan specifically bans villas overlooking Mgarr ix-Xini but foresees an extension of the ho- tel. But in 2008 Ta'Cenc area was scheduled as Special Protection Area according to the EU's Birds Directive and as a Special Area of Conservation according to the EU's Habitats Directive. Significantly ERA has also objected to the exten- sion of the hotel. While noting that hotel facilities may require an up- grade, it expressed concern on the "substantial intensification of urban development in an area which is not only located ODZ but also within a Special Area of Conservation." An environmental impact as- sessment had concluded that the development would not have a significant long-term effect on the conservation of the Natura 2000 site, if adequate measures are taken to mitigate the impact of the devel- opment. But ERA insisted a num- ber of impacts cannot be mitigated by any measure and that in general the development would negatively effect the openness and remote character for which Ta'Cenc is re- nowned. ERA does not have a final say and a final decision still has to be taken by the Planning Board. A case of- ficer report still has to be prepared by the Planning Directorate and the PA board may still overrule a nega- tive recommendation by the case officer. ODZ villa and pool in Rabat hamlet given go ahead JAMES DEBONO THE Planning Authority has regularised an extension of a farm dwelling in Triq San Pawl Kuntent in Rabat, which involved "unauthorised rock cutting" in a historical rock hewn cave and ex- tensive paving over a 720 square metre area which will now be covered with turf. In a memo sent to the Planning Authority in 2014, the Superin- tendence for Cultural Heritage said the works had incorporated the caves into the footprint of the modern development. Subsequently the applicant was asked to present a report and photo survey documenting the interventions carried out in the caves. The permit conditions still oblige the applicant to seek the consent of the Superintendence for Cultural Heritage before commencing works, even if most of these works have already been carried out. The case officer had called on the PA to turn down the applica- tion because the rock cutting in the cave was in breach of policies and because the development includes extensive paved areas over 720 square metres, which include a 65 square metre swim- ming pool, an aquarium and a pond. But the Environment Planning Commission approved the de- velopment after new plans were submitted showing a reduction of the paved area to 10 square metres, thus limiting the pool and the paved area to 75 square metres as established by the ODZ policy. The 16- square metre open-air aquarium will be removed and replaced by trees but the pond is retained. An extensive basement is also being regularised. Instead plans have been sub- mitted which envisage that the far larger presently paved area around the pool is covered with turf. The original dwelling was ap- proved in June 2008, despite the negative recommendation of the case officer on condition that the build up area is restricted to 150 square metres. Instead the building now sanc- tioned by the PA extends over 300 square metres. Present poli- cies limit residential develop- ment to 200 square metres but the additional 100 square metres is now occupied by offices, board rooms and other non-residential uses and are therefore not con- sidered to be part of the dwell- ing. The Agricultural Advisory Committee had called on the PA to reject the application be- cause it was not deemed to be "a genuine benefit" to agriculture. The Environment Protection Directorate (the predecessor of the Environment and Resources Authority) had also objected on environmental grounds. Documents presented to the PA show that the owner has rescind- ed the licence for a poultry farm on the same site but is the owner of a dairy farm located opposite the site in question. According to the rural policy guidelines approved in 2014 owners of live- stock breeders are entitled to a 200 square metre dwelling with a 100-metre distance of the farm. Brian Azzopardi who was as- sisted by architect Robert Mu- sumeci presented the applica- tion. Last year Azzopardi who is also the owner of an animal park, was denied a permit for the rede- velopment of ruins next to the Mdina bastions. ERA calls for refusal of Ta Cenc development The development includes extensive paved areas over 720 square metres, including a 65 square metre swimming pool The case officer had called on the PA to turn down the application because the rock cutting in the cave was in breach of policies

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